ACCEPTED
06-15-00120-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
9/9/2015 10:38:50 AM
DEBBIE AUTREY
CLERK
FILED IN
NO. 06-15-00120-CR 6th COURT OF APPEALS
TEXARKANA, TEXAS
9/9/2015 10:38:50 AM
DEBBIE AUTREY
IN THE Clerk
THE SIXTH COURT OF APPEALS
FOR THE STATE OF TEXAS
PATRICK STEWART
Appellant
V.
STATE OF TEXAS
Appellee
APPEAL FROM THE 87TH JUDICIAL DISTRICT COURT
OF FREESTONE COUNTY, TEXAS
TRIAL COURT CAUSE NUMBER 14-153-CR
APPELLANT’S FIRST MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF
LAW OFFICE OF STAN SCHWIEGER
600 Austin Avenue, Suite 12
P.O. Box 975
Waco, Texas 76703-0975
(254) 752-5678
(254) 752-7792—Facsimile
E-mail: wacocrimatty@yahoo.com
State Bar No. 17880500
PATRICK STEWART, Appellant, moves for an extension of THIRTY (30)
days in which to file Appellant’s Brief:
I.
On May 19, 2015, Appellant was convicted of the offense of Burglary of a
Building in the 87th District Court, in cause number 14-153-CR. After being found
guilty, Appellant was sentenced to two (2) years in the State Jail Division of the
Texas Department of Criminal Justice.
II.
REQUIRED INFORMATION PURSUANT TO THE RULES OF
APPELLATE PROCEDURE
A. The deadline for filing the extension:1 September 9, 2015.
B. The length of the extension sought:2 Thirty (30) days.
C. The facts relied upon to reasonably explain the need for the
extension:3
I am familiar with the commentary of this Court from the website which
states that this Court is reticent to grant second extensions, especially on
state jail cases. However, my workload has been extreme during the
pendency of this matter.
I tried a child sexual assault allegation during the pendency of this
matter (the defendant pled to an agreed sentence prior to guilt
1
TEX. R. APP. P. 10.5(b)(1)(A).
2
TEX. R. APP. P. 10.5(b)(1)(B).
3
TEX. R. APP. P. 10.5(b)(1)(C).
Appellant’s Second Motion to Extend Time to File Brief Page 2
deliberations). I am currently preparing for a priority setting on an
aggravated robbery, scheduled to begin on September 14, 2015 which
is expected to last at least one week.
As to appellate work, I prepared and filed a brief in the Tenth Court of
Appeals on September 9, 2015. This matter had two prior extensions.
In addition, I received an opinion from the Tenth Court of Appeals
which will require a Motion for Rehearing. I have several other briefs
due in various federal and state appellate courts.
Finally, my office mate of over 20 years unexpectedly passed away in
her sleep August, 21 2015. I was appointed as the conservator over her
files, per State Bar Rules. This involves the responsibility of contacting
her clients, attending and resetting hearings, returning the file to the
clients, and other matters regarding her practice. In addition, I have
assisted and will continue to assist her estate in probate matters. Outside
counsel has been retained by the heirs, but the estate will need access
to business records contained in this office.
In addition, this Court should also note that Mr. Stewart has a pending
appeal on his denial of appellate bail [which was not transferred to this
court, in cause number 10-15-00274-CR, in the Tenth Court of
Appeals]. I would argue that the circumstances justify a continuance of
at least 30 days, even with the fact that this matter is a but a state jail
felony.
D. Number of previous extensions granted for previous Motions for
Extension:4 One.
4
TEX. R. APP. P. 10.5(b)(1)(D).
Appellant’s Second Motion to Extend Time to File Brief Page 3
III.
The additional time requested is not sought solely for delay, nor sought
frivolously, but will be of genuine assistance to Appellant’s attorney in preparing
Appellant’s brief.
REQUEST FOR RELIEF
Appellant prays that the Court grant this Motion and extend the deadline for
filing Appellant’s brief to October 9, 2015. In the alternative, Appellant requests that
this Court grant such additional time as is just and proper.
Respectfully submitted,
LAW OFFICE OF STAN SCHWIEGER
/s/ Stan Schwieger
Stan Schwieger
600 Austin Avenue, Suite 12
P.O. Box 975
Waco, Texas 76703-0975
(254) 752-5678
(254) 752-7792—Facsimile
E-mail: wacocrimatty@yahoo.com
State Bar No. 17880500
ATTORNEY FOR APPELLANT
Appellant’s Second Motion to Extend Time to File Brief Page 4
CERTIFICATE OF SERVICE
A copy of this Motion was delivered to the Freestone County District
Attorney’s Office, Chris Martin at chris.martin@co.freestone.tx.us on September 9,
2015 by this Court’s electronic filing service.
/s/ Stan Schwieger
Stan Schwieger
Appellant’s Second Motion to Extend Time to File Brief Page 5